Radical Critiques of the Lawby Stephen M. Griffin
The past two decades have seen an outpouring of work in legal theory that is self-consciously critical of aspects of American law and the institutions of the liberal state. In this lively volume, eminent scholars in philosophy, law, and political science respond to this recent scholarship by exploring what constitutes a "radical" critique of the law, examining such… See more details below
The past two decades have seen an outpouring of work in legal theory that is self-consciously critical of aspects of American law and the institutions of the liberal state. In this lively volume, eminent scholars in philosophy, law, and political science respond to this recent scholarship by exploring what constitutes a "radical" critique of the law, examining such theories as critical legal studies, feminist theory and theories of "difference," and critical race theory.
The authors consider whether the critiques advanced in recent legal theory can truly be called radical and what form a radical critique of American law should take. Writing at the cutting edge of the critique of critical legal theory, they offer insights first on critical legal scholarship, then on feminist political and legal theory. A third group of contributions questions the radicalness of these approaches in light of their failure to challenge fundamental aspects of liberalism, while a final section focuses on current issues of legal reform through critical views on criminal punishment, including observations on rape and hate speech.
Each major essay describes the underlying principles in the development of a radical legal theory and addresses unresolved questions relating to it, while accompanying commentaries present conflicting views. The resulting dialogue explores wide-ranging issues like equity, value relativism, adversarial and empathic legal advocacy, communitarianism and the social contract, impartiality and contingency, "natural" law, and corrective justice. A common thread for many of the articles is a focus on the social dimension of society and law, which finds the individualism of prevailing liberal theories too limiting.
Radical Critiques of the Law is particularly unique in presenting critical and feminist approaches in one volumealong with skeptical commentary about just how radical some critiques really are. Proposing alternative critiques that embody considerably greater promise of being truly radical, it offers provocative reading for both philosophers and legal scholars by showing that many claims to radicalism are highly problematic at best.
Table of Contents
|Pt. I||Critical Legal Studies and Critical Legal Theory||19|
|1||Critical Legal Parricide, or: What's So Bad About Warmed-Over Legal Realism?||21|
|2||Indeterminacy and Equity||44|
|3||Jurgen Habermas's Recent Philosophy of Law, and the Optimum Point Between Abstract Universalism and Communitarianism||67|
|4||Legal Advocacy, Cooperation, and Dispute Resolution||83|
|Pt. II||Feminist Political and Legal Theory||105|
|5||Autonomy and the Encumbered Self||107|
|6||Feminist Legal Critics: The Reluctant Radicals||143|
|7||Law and Social Exclusion||162|
|Pt. III||Liberal Responses to Feminist and Critical Theory||193|
|8||Are Feminist and Critical Legal Theory Radical?||195|
|9||Liberalism and Radical Critiques of the Law||205|
|10||Liberalism, Radicalism, Muddlism: Comments on Some New Ways of Thinking About Legal Questions||215|
|Pt. IV||Critical Views on Criminal Punishment||231|
|11||Feminism, Women, and the Criminal Law||233|
|12||A Radical Critique of Criminal Punishment||253|
|13||Punishment and Inclusion: The Presuppositions of Corrective Justice in Aristotle and What They Imply||273|
|14||Jurisprudential Indeterminacy: The Case of Hate Speech Regulation||293|
|15||First Amendment Liberalism and Hate Speech: After R. A. V. v. St. Paul||310|
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